2006 Code of Virginia § 15.2-5102 - One or more localities may create authority

15.2-5102. One or more localities may create authority.

A. The governing body of a locality may by ordinance or resolution, or thegoverning bodies of two or more localities may by concurrent ordinances orresolutions or by agreement, create a water authority, a sewer authority, asewage disposal authority, a stormwater control authority, a refusecollection and disposal authority, or any combination or parts thereof. Thename of the authority shall contain the word "authority." The authorityshall be a public body politic and corporate. The ordinance, resolution oragreement creating the authority shall not be adopted or approved until apublic hearing has been held on the question of its adoption or approval, andafter approval at a referendum if one has been ordered pursuant to thischapter.

B. Any authority, or any subsidiary thereof, organized pursuant to thissection to operate a refuse collection and disposal system that, pursuant tostatute, is specifically authorized to include in the system (i) facilitiesfor processing solid waste as a fuel and (ii) facilities for generating steamand electricity for sale, shall not be subject to regulation under theUtilities Facilities Act ( 56-265.1 et seq.), provided that sales ofelectricity generated at such facilities are made only to a federal agencywhose primary responsibility is national defense and the energy is delivereddirectly from the generator to the customer's facilities or to a publicutility.

(Code 1950, 15-764.3; 1950, p. 1315; 1962, c. 623, 15.1-1241; 1972, c.370; 1973, c. 478; 1993, c. 850; 1995, c. 402; 1996, c. 897; 1997, cc. 527,573, 587; 1999, cc. 896, 925.)